Public Notice Information
Chile Flats, Inc.
S 1/2, NW 1/4, Section 27, Township 19 N, Range 4 E, Colfax County
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General Permit for Concentrated Animal Feeding Operations
May 31, 2023
June 30, 2023


Nebraska Department of Environment and Energy
NPDES and State Permits Section
Lincoln, Nebraska

The Nebraska Department of Environment and Energy (Department) is issuing notice to provide an opportunity for any interested person to submit written comments, objections and/or hearing requests concerning the renewal of coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) Confining Cattle to the following CAFO. The opportunity to comment applies only to the CAFO listed below and not to the General Permit which has already been issued.
The Public Comment Period will run from May 31st, 2023 through June 30th, 2023.
Application Number
NDEE ID: 75434
Name of Applicant
Diane R. Perrin
Name of Operation
Chile Flats, Inc.
Authorized Representative
Diane R. Perrin
City/State/Zip Code
1472 Road 16
Howells, NE 68641
Legal Description
S 1/2, NW 1/4, Section 27, Township 19 N, Range 4 E, Colfax County
Animal Capacity and Type
5,000 head of feeder cattle on 51.5 acres
Type of Livestock Waste Control Facility
Three (3) holding ponds, six (6) debris basins, nine (9) diversions, two (2) clean water diversions, one (1) clean water pond
Discharge Limits
The holding ponds must be designed, constructed, operated, and maintained to control the manure, litter and process wastewater generated during the storage period plus the runoff produced by a 25-year, 24-hour storm event (5.0 inches).
The storage period capacity for the open lots must be no less than the greater of the expected average runoff from the month of June or the maximum runoff expected between land application or disposal events.
Section(s) Of The NMP
Permit Terms of the Nutrient Management Plan (NMP)
Sections 1 & 2
1. Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities.
Section 3
2. Ensure proper management of mortalities.
Sections 1 & 2
3. Ensure clean water is diverted.
Sections 1 & 2
4. Prevent direct contact of animals with waters of the State.
Section 3
5. Ensure chemicals and other contaminants are properly handled onsite.
Sections 1, 5 & 7
6. Site-specific conservation practices are implemented, including as appropriate, buffers or equivalent practices to control runoff of pollutants to waters of the State.
Section 8
7. Site-specific setback maps not included in #6 above.
Section 1
8. Ensure specific records are maintained as required in Part II, Section E, Table A.
Sections 1 & 4 - 8
9. Implement protocols to land apply manure, litter, and process wastewater to ensure agricultural utilization of the nutrients in the manure, litter, and process wastewater using the narrative rate approach:
Fields available for land application
Timing limitations for land application
Nitrogen & phosphorus transport risk assessment result
Planned crops or other usage
Alternative crops
Realistic annual crop yield goal
Total N & P recommendations per crop
Narrative rate approach methodology, to account for:
Soil test results;
Credits for plant available N in the field;
Amount of N & P in the manure, litter, and process wastewater to be applied;
Consideration of multi-year P application;
Accounting for all other additions of plant available N & P to the field;
Form and source of manure, litter, & process wastewater;
Timing and method of land application;
Volatilization of nitrogen and mineralization of organic nitrogen.
Maximum amount of N & P from all sources
Section 1
10. Ensure protocols for appropriate testing of manure, litter, process wastewater, and soil are followed.
Land Application Practices
The proposal is to land apply effluent through a portable pump and power unit that connects to a center pivot system, side roll sprinkler, volume gun, tethered toolbar or gated pipe gravity irrigation system. Solid waste will be land applied by pull-type dry manure spreader, a truck mounted spreader or transferred to local area farmers. Slurry will be land applied by tanker or drag hose injection. Land application agreements with neighboring landowners have been signed.
Land Application Sites
SE NE 01 N 18 E 04
E SE 20 N 19 E 04
S NE 28 N 19 E 04
E SE 01 N 18 E 04
SW SE 20 N 19 E 04
NE 29 N 19 E 04
S NW 06 N 18 E 05
E NW SE 23 N 19 E 04
S SE 29 N 19 E 04
W NE 27 N 19 E 03
E SW SE 23 N 19 E 04
E SW 29 N 19 E 04
SE NW 27 N 19 E 03
N NW 27 N 19 E 04
NW NE 35 N 19 E 04
E SE 09 N 19 E 04
SW NW 27 N 19 E 04
NE NW 35 N 19 E 04
End of Public Comment Period
June 30th, 2023
This renewed coverage under the NPDES General Permit would be for a period of fivefive years, and would restrict pollutant discharges to comply with the requirements of Department regulations. The application includes a detailed nutrient management plan from which permit terms have been identified.

The application for modified General Permit coverage, nutrient management plan and other public information are available for review and copying between 8:00 a.m. and 5:00 p.m. (CT), weekdays, excluding holidays at the Department's Telephone (402) 471-2186; FAX: (402) 471-2909; or E-Mail: Individuals requiring special accommodations or alternate formats of materials should notify the Department by calling (402) 471-2186. TDD users should call (800) 833-7352 and ask the relay operator to call the Department at (402) 471-2186. Please include the above name and legal description of the concentrated animal feeding operation.

All comments received during the public comment period will be considered in the final decision on granting a renewal of coverage under the NPDES Permit. A request for a public hearing must be submitted in writing and must state the nature of the issues proposed to be raised at a hearing. A determination to hold a hearing will be based on factual environmental or regulatory considerations. All public comments and requests for hearings must be submitted in writing to: NPDES and State Permits Section, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.